A/HRC/7/3 page 24 the same time the precondition for another key objective of reparations: ensuring the non-repetition of the violence, which might mean that legal and customary practices which sustain the persistence and tolerance of violence against women must be modified. III. CONCLUSIONS AND RECOMMENDATIONS 68. With regard to a gender-sensitive definition of torture, the Special Rapporteur referred to the elements contained in the definition of the Convention against Torture and stressed that the purpose element is always fulfilled when it comes to gender-specific violence against women, in that such violence is inherently discriminatory and one of the possible purposes enumerated in the Convention is discrimination. He also proposed to introduce an additional element, “powerlessness” to underline that, whereas detention contexts are classic situations of powerlessness, it can also arise outside of detention or direct State control. Situations constituting of de facto deprivation of liberty may occur in different “private” settings. There are also contexts, where fear can create a situation of total control: battered wives, victims of trafficking, as well as women prisoners who have been abused are likely to experience a permanent state of fear based on the unpredictable behaviour of the perpetrator. The Special Rapporteur considers that the concept of “acquiescence”, aside from the protection obligations, entails a duty for the State to prevent acts of torture in the private sphere and recalls that the concept of due diligence should be applied to examine whether States have lived up to their obligations. 69. Echoing international and national jurisprudence, the Special Rapporteur stressed that rape and other serious acts of sexual violence by officials in contexts of detention or control not only amount to torture or ill-treatment, but also constitute a particular egregious form of it, due to the stigmatization they carry. He also recalled that forced abortions or sterilizations carried out by State officials in accordance with coercive family planning laws or policies may amount to torture and that any form of corporal punishment is forbidden under international law. Regarding women-specific aspects of detention, he stressed that special attention should be paid to pregnant women and mothers of young babies and the hygienic needs of women. He also pointed to the heightened risk of torture and ill-treatment if women are guarded by men or not strictly separated from male co-detainees. 70. The Special Rapporteur concluded that torture and ill-treatment can occur in different private contexts. He pointed to the striking parallels between “official” and “private” torture in terms of strategies, process and resulting trauma, and showed that State acquiescence can occur at different levels. In order to ensure a gender-inclusive approach to torture, the Special Rapporteur underlined the need to perceive it as a process. Mental trauma does not happen at one point in time, but needs to be put in context. With regard to sexual violence, stigma is a crucial element at all stages, starting from its humiliating intention as well as its impact which, apart from the often devastating physical and mental consequences, often entails exclusion from the family and/or community and can lead to outright destitution. 71. The Special Rapporteur underlined that it is crucial to interpret the torture protection framework in the light of a wide range of human rights guarantees, in particular the set of rules that has developed to combat violence against women, which can provide

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